| Show aISION OLSHEME COURT O 1EL A JGMN ON A NOTE M Warp Sue For Divorce On Grounds of Cruelty and Failure t Supporui Doing According to an opinion delve yesterday by the supreme curt a judgment rendered against the mali r made payable at of a promissory note n sedfed p ae is valid even when the srjmmonawa served on the defendant te Smm01was ant in aother count The decJsIon the Overland Gold was in the case of Overad M1nin company and Asher Diddle Inig Mc Alexander ceme appellants vs leander coe appeiat Mater justice of the peace whan the appellants sought to have a judgment judg-ment set aside on a pr miser note of U915 given by Biddlecome in salt 1915 given Blddlcomc Sat Lake City on April 2 1891 due forty days after dater alleging that thc fe vice of the summons 01 the defendat in Tooele county wa void The Overland Over-land Gold Mining company had money t in its possson belonging to Diddle cme and the arne WS garIsheed by T E Lang the judgment crelo Both Biddleome and the mining company com-pany his employer on Dec 10 1898 had the justice procedings viewed in te justces the district court on a writ of prohibition prohibi-tion to resin the justice from exeut lg the judgment The district court ruled that the lower court had acquire tat jurisdiction oval the defendant and that aU proceedings in the cae w rp regular and lawful and hence denied Ole writ of prohibition against enforcing enforc-ing the judgment From the decision of the district court te the defendants Biddleome and the Overland Gold Mining company appealed ap-pealed to the upreme court In the pele unanimous opipion of the supre court opiJion unamous the decision of the lower court is upheld in so far a it relates to the pronouncing pronounc-ing of the judgment valid and denying the writ of prohibiton However the spremo court disises the appeal on other grounds that is that the plain speedy and adequate remedy of the defendants de-fendants and appellants was by appeal from the judgment of the justces court to the dirtict court instead of seeking to have the enforcement of the judgment restrained by a writ of prohibition judgent hibion In the opinion attention is diced di-ced to the fact that appeals to the supreme curt from only final judgments judg-ments in the district court are allowable allow-able under the constitution and tha law and to decide otherwise in this case would be equivalent to accepting courts to the supreme appeals from justices court unwarranted and nreme court a wholly uauthoized proceeding |
